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Public Act 102-1084


 

Public Act 1084 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1084
 
SB3467 EnrolledLRB102 24343 LNS 33577 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Park
District and Public Utility Liability Act.
 
    Section 5. Definitions. As used in this Act:
    "Lessee" means any park district engaged in a contractual
lease for property use.
    "Lessor" means any public utility leasing property
ownership, control, or access.
    "Park district" means a park district as defined in the
Park District Code, a forest preserve district, a conservation
district, or another local public entity that has recreation
departments or facilities and has a lease with a lessor.
    "Public utility" has the same meaning as used in the
Public Utilities Act.
 
    Section 10. Liability.
    (a) Provisions in, or in connection with, a land lease
agreement between a public utility and a park district that
require a lessee to indemnify or hold harmless the lessor, or
the lessor's independent contractors, agents, employees, or
indemnitees, including, but not limited to, waivers of
subrogation, against liability for damages arising out of
bodily injury to persons or damage to property proximately
caused by or resulting from negligence, in whole or in part, of
the lessor, or its independent contractors, agents, employees,
or indemnitees, are against public policy, void, and
unenforceable.
    (b) Nothing in this Act shall prevent or prohibit a
contract, promise, or agreement for a lessor to indemnify or
hold harmless any lessee against liability for damages
resulting from the sole negligence of the lessor, its agents,
or its employees.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/10/2022